- 9 - However, the same regulation also tells us not to count certain activities in deciding whether petitioners have spent enough time on their activity for their participation to be material. The most important of these exclusions is time spent on investment activities, which does not count unless the taxpayer is directly involved in the day-to-day management or operations of the activity. Sec. 1.469-5T(f)(2)(ii)(A) and (B), Temporary Income Tax Regs., supra at 5727; see also Mordkin. According to the regulations, investment activity includes: 1. Studying and reviewing financial statements or reports on operations of the activity; 2. Preparing or compiling summaries or analyses of the finances or operations of the activity for the individual’s own use; and 3. Monitoring the finances or operations of the activity in a non-managerial capacity. Sec. 1.469-5T(f)(2)(ii)(B)(1) through (3), Temporary Income Tax Regs., supra. While Mrs. Lapid testified that she spent many hours every night studying and tracking her investments, the evidence she submitted shows that she was actually just reviewing financial statements and reports on operations. Because the regulation specifically defines such monitoring as investment activity, we cannot include that time in calculating whether she met the material participation standard in three of the safe harbors she is aiming for. This is true despite our belief that Mrs. LapidPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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